Overview Of CJS

Question 0

Who should Enforce Justice?

Answer 0

The Police: enforce the Criminal Code of Canada

               - discretion powers of the police 
               - Aboriginal Police, RCMP, private security firms

Corrections: The name for the system where anyone found guilty of a criminal offence is liable to be sentenced to a term in either a federal or provincial system

Question 1

What does Justice look like?

Answer 1

The Courts: Impartial hearings - a more formal process to resolve disputes
Can also be in our communities, not always equal treatment

Question 2

Definition: Justice

Answer 2

Demands integrity
To have moral universe
Not only to know what is right or wrong, but to put things in perspective, weigh things

Justice is different from violence and retribution; it requires comes accounting

Question 3

Justice: Conflicting Views

Answer 3

• societies need social control, but how much?
  
  • rules, rewards, sanctions, laws

-just/fair social control?
- individual rights vs. martial laws (military gov’t involving the
suspension of ordinary laws)
- public order/safety
- what is right balance?

• right tools?
  
  • voluntary? Persuasion? Law? Criminal law? Decree? - official order issued by legal authority

Question 4

What is the public perception on the criminal justice system?

Answer 4

• Crime on the rise? No
• Law and order breaking down
• are youth more violent?

Question 5

Basic Canadian values:

Answer 5

• equality
• respect for cultural differences
• freedom
• peace
• law and order - respect due process model so police and courts treat everyone fair and reasonable

Question 6

Does the Canadian Justice System reflect our basic Canadian values?

Answer 6

Not anymore
More negative views than positive
Does not abide by fundamental principles - fairness
Favours the rich
Criminal background = unfair trials

Question 7

The Criminal Justice “System”

Agencies

Answer 7

-investigate, detect, prosecute and punish lawbreakers

Question 8

Formal Process

Answer 8

1. The Police (Investigate/Arrest)
2. Pre Activities (Charges/Plea)
3. Sentencing (Concurrent/Consecutive)
4. Adjunction (Trial)
5. Corrections

Question 9

Principles of Fundamental Justice (Due Process in Canada)

Answer 9

Charter of Rights and Freedoms s.7:

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in the accordance with principles of fundamental Justice

Question 10

The Human Factor

Answer 10

Discretion loosens forms:

• Police
  
  • enforcement, investigation, search, arrest
• Prosecutors
  
  • charges, “sufficient evidence” and plea bargains
• Judges
  
  • evidence, sentence, bail/parole conditions

Question 11

Crime Control Model

Answer 11

A theory of Criminal Justice which places emphasis on reducing crime in society through increased prosecutors and police powers

• more police, prisons
• longer sentences
• fewer safeguards re. Innocence
• more legal power for CJ agencies
• fewer criminals on the streets

Question 12

Due Process Model

Answer 12

Focuses on individuals liberties and rights and concerned with limiting gov’t powers

• limit police powers, discretion
• limit discretion of prosecutors and judges re. charging, plea bargains
• limit powers of criminal justice agencies
• protect rights of defendants

Question 13

The Criminal Justice “System”

Consensus Model

Answer 13

• work together in system

- justice produced

Question 14

The Criminal Justice “System”

Conflict Model vs. Restorative Justice

Answer 14

-Restorative Justice: focuses on the needs of victims and offenders as well as involved community rather than satisfying abstract legal principles or punishing offenders

Question 15

The Criminal Justice “System”

Conflict Model

Answer 15

argues that organizations do or should work competitively to produce justice oppose to cooperatively